Worker at Massachusetts Pasta Company Injured While Cleaning Machine

By Bellotti Law Group, P.C. on April 13, 2011 10:15 PM |

A Massachusetts worker was recently awarded $1.28M after suffering a fractured arm, severe lacerations, and ulnar nerve damage while cleaning a pasta machine at her job. The machine turned on unexpectedly and trapped her arm for 10 minutes, causing the injuries. The woman sought legal redress for her injuries in Reyes v. Tecna, which was heard in Middlesex Superior Court in Woburn, Massachusetts, in front of Judge Thomas Connors.

The injured plaintiff required numerous surgeries and never regained her ability to work. Accordingly, she brought a claim against the machine manufacturer for breach of warranty and negligence, arguing that there were not adequate warnings about accidentally switching the machine on. She was awarded $1.28M for her lost lifetime earnings, pain and suffering, emotional distress, disfigurement, and medical expenses.

In this particular case, breaches of warranty and negligence charges were brought against the manufacturer for the woman's injuries. However, in many cases where personal injuries result from a defective product, the manufacturer is held strictly liable for the injuries. In strict liability cases, if injured by a defective product, you do not need to prove that the manufacturer was negligent, but only that the product was defective and the defect caused the injury. Such strict liability actions for personal injuries or death caused by a defective product can be brought against parties that designed, manufactured, or sold the product.